Q-2, r. 0.1 - Regulation respecting activities in wetlands, bodies of water and sensitive areas

À jour au 31 décembre 2020

Ce document a valeur officielle.

chapter Q-2, r. 0.1

Regulation respecting activities in wetlands, bodies of water and sensitive areas

Environment Quality Act

(chapter Q-2, ss. 95.1, 115.27, 115.34 and 124.1).

CHAPTER I OBJECT, SCOPE AND INTERPRETATION

O.C. 871-2020, c. I.

1. The object of this Regulation is to prescribe certain general standards applicable to the carrying out of activities in wetlands and bodies of waters covered by section 46.0.2 of the Environment Quality Act (chapter Q-2), hereinafter referred to as the “Act”, and in other sensitive areas as a supplement in particular to the rules prescribed by other statutes and regulations, by the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35) and by municipal by-laws.

O.C. 871-2020, s. 1.

2. Excluding sections 19, 42, 46, 47, 48 and 49, which apply generally to all types of activities, this Regulation applies to activities eligible for a declaration of compliance and exempted activities covered by the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1).

It applies in particular in a reserved area and in an agricultural zone established pursuant to the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

Despite the foregoing, the following are not governed by this Regulation:

(1)  activities whose carrying out is subject to the Regulation respecting the sustainable development of forests in the domain of the State (chapter A-18.1, r. 0.01);

(2)  cultivation of non-aquatic plants and mushrooms.

O.C. 871-2020, s. 2.

3. Section 118.3.3 of the Act does not apply to this Regulation, nor does section 46.0.2 of the Act apply to interventions in

(1)  the following man-made sites:

(a)  an irrigation pond;

(b)  a water management or treatment facility referred to in subparagraph 3 of the first paragraph of section 22 of the Act;

(c)  a body containing water pumped from a sand pit or quarry, if it has not been restored;

(d)  a commercial fishing pond;

(e)  a pond for the production of aquatic organisms;

(2)  an environment in which the vegetation is dominated by reed phalaris (Phalaris arundinacea L.) or the introduced sub-species of common water reed (Phragmites australis (Cav.) Trin. ex Steud. subsp. australis), and when the soil is not hydromorphic.

For the purposes of subparagraph 1 of the first paragraph,

(1)  the works must be on land or in a floodplain, excluding riverbanks and lakeshores and any wetlands present in that floodplain;

(2)  the works must still be in use or, if not in use, must have been unused for at least 10 years;

(3)  a wetland resulting from work under a program to promote the restoration and creation of wetlands and bodies of water under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2) or from work carried out in accordance with the Regulation respecting compensation for adverse effects on wetlands and bodies of water (chapter Q-2, r. 9.1) is not considered to be a man-made works;

(4)  a wetland into which storm water is discharged cannot be considered to be a water management or treatment facility.

O.C. 871-2020, s. 3.

4. In this Regulation, unless the context indicates a different meaning,

“body of water” means an area characterized in particular by the permanent or temporary presence of water, which may occupy a bed and may be stagnant or in movement, such as a lake or watercourse, and including their lakeshores and riverbanks, littoral zone and floodplains; (milieu hydrique)

“boundary” means a line marking the limit of a wetland and corresponding to the point at which the soil ceases to be hydromorphic and the vegetation ceases to be dominated by hygrophilous species, in relation to the area where at least one of those conditions does apply; (bordure)

“floodplain” means the area occupied by a lake or watercourse during periods of flooding; the geographic limits of the flooded areas are identified by one of the means prescribed by the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains; (plaine inondable)

“forest cover” means the aggregate of the crowns of trees in a forest stand forming a more or less continuous canopy; (couvert forestier)

“forested peatland” means a peatland comprising trees more than 4 m tall covering at least 25% of its surface area; (tourbière boisée)

“forested swamp” means a swamp comprising trees more than 4 m tall covering at least 25% of its surface area; (marécage arborescent)

“forested wetland” means a forested peatland or a forested swamp; (milieu humide boisé)

“forest development activity” means an activity covered by paragraph 1 of section 4 of the Sustainable Forest Development Act (chapter A-18.1) carried out elsewhere than in the lands of the domain of the State and aimed specifically at the development and conservation of forest lands; (activité d’aménagement forestier)

“high-water mark” means a line marking the limit of the littoral zone and lakeshore or riverbank based on the criteria prescribed by the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35); (ligne des hautes eaux)

“lakeshore” and “riverbank” mean the strip of land bordering a lake, watercourse, estuary or sea, extending inland from the high-water mark and having a width of

(1)  10 m where the slope is less than 30% or, if the slope is greater than 30%, having a bank no higher than 5 m;

(2)  15 m where the slope is greater than 30% and is continuous or has a bank higher than 5 m; (rive)

“littoral zone” means the part of a lake, watercourse, estuary or sea that extends from the high-water mark to the centre of the body of water; (littoral)

“marsh” means an area of land that is permanently or temporarily flooded and is dominated by herbaceous vegetation growing on a mineral or organic soil; where shrubs and trees are present, they cover less than 25% of its surface area; (marais)

“open wetland” means any wetland that is not forested; (milieu humide ouvert)

“open peatland” means a peatland comprising trees more than 4 m tall covering less than 25% of its surface area; (tourbière ouverte)

“peatland” means an area of land covered with peat and resulting from the accumulation of partially decomposed organic matter in a layer at least 30 cm thick, in which the water table is usually at the same level as the soil or close to its surface; (tourbière)

“pond” means an area of land covered by water whose depth at low water is less than 2 m; if vegetation is present, it comprises floating or submerged plants and emergent plants covering less than 25% of its surface area; despite the foregoing, this definition does not apply to a commercial fishing pond or an aquatic organism breeding pond; (étang)

“rut” means a track on the surface of the ground measuring at least 4 m in length and created by the wheels or crawlers of a motorized or non-motorized machine; on organic soil, a rut is considered to be the torn plant cover; on mineral soil, a rut has a depth of more than 200 mm measured from the litter surface; (ornière)

“shrubby swamp” means any swamp that is not a forested swamp; (marécage arbustif)

“St. Lawrence lowlands” means the municipalities a part of whose territory is included in that natural province; (basses-terres du Saint-Laurent)

“swamp” means an area of land subject to seasonal flooding or characterized by a soil permanently or temporarily saturated with water and containing ligneous, shrubby or arborescent vegetation growing on a mineral soil covering more than 25% of its surface area; (marécage)

“sylvicultural prescription” means a document prepared and signed by a forest engineer; (prescription sylvicole)

“watercourse” means any mass of water running along a bed in a regular or intermittent flow, including a bed created or altered by human intervention, the St. Lawrence River, the estuary of the St. Lawrence River, the Gulf of St. Lawrence and all the seas surrounding Québec, excluding a ditch; (cours d’eau)

“wetland” means an area that meets the criteria prescribed in section 46.0.2 of the Act, characterized in particular by hydromorphic soils or vegetation dominated by hygrophilous species, such as a pond, marsh, swamp or peatland. (milieu humide)

O.C. 871-2020, s. 4.

5. Unless otherwise provided for, for the purposes of this Regulation,

(1)  a reference to a littoral zone, riverbank or lakeshore includes any wetlands present;

(2)  a reference to body of water includes any wetlands present in the littoral zone or on the riverbank or lakeshore, excluding any wetlands present in a floodplain;

(3)  a reference to a floodplain excludes the littoral zone, riverbanks and lakeshores, and any wetlands present;

(4)  a reference to a pond, marsh, swamp, peat bog or wetland in general is a reference to the environment concerned if it is not situated in the littoral zone or on a riverbank or lakeshore;

(5)  a reference to an area is a reference to the cumulative area for the environment for the activity;

(6)  distances in relation to a watercourse or lake are calculated from the high-water mark; distances in relation to a wetland are calculated from its boundary;

(7)  the construction of an infrastructure, works, building or equipment includes its siting, replacement, substantial modification, and dismantling, and any prior activity to clear trees;

(8)  the maintenance of an infrastructure, works, building or equipment includes its inspection, refurbishment and repair; it is carried on in the immediate vicinity of the infrastructure, works, building or equipment and includes the necessary vegetation control;

(9)  a substantial modification includes a refurbishment or repair of the infrastructure, works building or equipment; it includes an enlargement, extension or prolongation;

(10)  a stabilization works is a works to increase the mechanical resistance of the soil or an infrastructure and protect it against erosion and landslides, excluding the approaches and protection works for bridges and culverts which form an integral part of those structures, and retaining walls;

(11)  a road is an infrastructure the right of way of which includes a roadway, shoulders and, where applicable, ditches and turning circles, but excludes a stabilization works, a railway, a bridge, a culvert, a temporary road or winter road; a road laid out by the minister responsible for the Act respecting roads (chapter V-9) is deemed to be a road and includes any related infrastructures for road traffic such as cycle paths and footbridges;

(12)  a temporary road is a road put in place for a maximum period of 3 years and which is dismantled after use;

(13)  a silvicultural treatment is a forest development activity that is intended, as part of a specific silvicultural regime and scenario, to direct the development of a stand, in particular as regards its renewal, or to improve its yield and quality;

(14)  the diameter of a tree is measured at a height of 1.3 m from the highest ground level;

(15)  the terms “invasive exotic plant species” and “ditch” defined in section 3 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) apply.

O.C. 871-2020, s. 5.

CHAPTER II GENERAL STANDARDS APPLICABLE TO ALL WETLANDS AND BODIES OF WATER

O.C. 871-2020, c. II.

DIVISION I MISCELLANEOUS PROVISIONS

O.C. 871-2020, Div. I.

6. This Chapter applies to all wetlands and bodies of water.

O.C. 871-2020, s. 6.

7. Interventions carried out in wetlands and bodies of water must not interfere with the free flow of water.

However, such interventions may cause certain permanent restrictions to the free flow of water if they concern a bridge or culvert.

O.C. 871-2020, s. 7.

8. Work carried out in wetlands and bodies of water must satisfy the following conditions:

(1)  materials must be used that are appropriate for the area concerned;

(2)  measures must be taken to control erosion, sediments and suspended matter.

O.C. 871-2020, s. 8.

DIVISION II EXPLOSIVES

O.C. 871-2020, Div. II.

9. No work carried out in wetlands and bodies of water may include the use of explosives, except for the following:

(1)  work carried out in the unwatered area of a lakeshore or riverbank or a floodplain in the course of work carried out by the Minister responsible for the Act respecting roads (chapter V-9);

(2)  seismic refraction surveys.

O.C. 871-2020, s. 9.

DIVISION III EXCAVATION AND BACKFILLING

O.C. 871-2020, Div. III.

10. No work carried out in wetlands and bodies of water may include excavation or backfilling.

The provisions of the first paragraph do not apply to work whose nature necessarily entails excavation and backfilling, such as road construction or maintenance, burial or anchoring of certain equipment, or construction of a building.

Excavation and backfilling resulting from work covered by the second paragraph may give rise to temporary encroachments in wetlands and bodies of water if the work is carried out in the right-of-way of the undertaking or in the immediate work zone.

At the end of any intervention, spoil and excess materials must be disposed of outside of wetlands and bodies of water and managed so as to forestall runoff from sediment toward those areas, except for drilling mud, which may be left in an unwatered wetland, and any other spoil and materials covered by a contrary provision of this Regulation.

O.C. 871-2020, s. 10.

DIVISION IV VEHICLES AND MACHINERY

O.C. 871-2020, Div. IV.

11. The use of vehicles or machinery in wetlands and bodies of water must meet the following conditions:

(1)  in the unwatered part of a lakeshore or riverbank, floodplain or wetland, the vehicle or machinery may circulate provided the area is restored to its original condition, or a condition close thereto if ruts are formed;

(2)  refuelling and maintenance must be done outside the littoral zone, the lakeshore or riverbank, or a wetland, except in the case of a drill or stationary machinery used in those areas.

The condition prescribed in subparagraph 1 of the first paragraph does not apply to ruts formed in trails laid out in a forested wetland and a floodplain for the purpose of a forest management activity if they appear over no more than 25% of the total length of the trails laid out in each harvest area.

O.C. 871-2020, s. 11.

DIVISION V FOREST DEVELOPMENT ACTIVITY

O.C. 871-2020, Div. V.

12. Sylvicultural treatments applied in wetlands and bodies of water must be carried out by promoting natural regeneration of the vegetation.

If natural regeneration of the vegetation is inadequate to restore the forest cover, the site must be reforested within 4 years after the end of the treatments, except where the treatments are carried out in a floodplain or forested wetland following the occurrence of a natural disturbance such as a windfall, epidemic, fire or ice storm. In such a case, the site must be reforested, but no time limit applies to that requirement.

O.C. 871-2020, s. 12.

13. Sylvicultural treatments in wetlands and bodies of water must be carried out without soil amendment.

O.C. 871-2020, s. 13.

14. Despite the fourth paragraph of section 10 and section 13, spreading of wood waste is permitted in the lakeshore or riverbank, a floodplain and a forested wetland or a wetland reforested after having been abandoned for agricultural use.

O.C. 871-2020, s. 14.

DIVISION VI RESTORATION

O.C. 871-2020, Div. VI.

15. At the end of any intervention in wetlands and bodies of water,

(1)  any temporary undertaking must be dismantled, subject to any contrary provision;

(2)  the banks must be stable and protected against erosion, preferably by means of the technique most conducive to maintaining the natural character of the area;

(3)  except for sylvicultural treatments, the areas concerned must be restored within one year following the end of the intervention including, where applicable,

(a)  land restoration;

(b)  in the unwatered zone, revegetation of the areas concerned if they have been stripped of vegetation or soil, except

i.  for drilling work;

ii.  for preliminary survey work, in respect of the tree stratum;

iii.  where the revegetation jeopardizes the stability or security of an undertaking, in respect of the tree and shrub stratum.

O.C. 871-2020, s. 15.

16. Where land restoration is required pursuant to this Regulation, it must meet the following conditions:

(1)  outside the littoral zone, it must be carried out with the excavated materials or, where that is not possible, with substitute materials of the same type;

(2)  inside the littoral zone, it must be carried out with the stabilized original substrate, unless it is composed of particles smaller than 5 mm;

(3)  the organic part of the soil must be returned to place on the surface of the ground profile;

(4)  the debris and other residual materials must be removed, unless they consist of wood waste present outside the littoral zone and produced by any activity other than that covered by section 335 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1);

(5)  the original drainage conditions must be restored or equivalent drainage conditions must be established;

(6)  it must be carried out as far as possible with the original topography of the areas concerned being preserved.

O.C. 871-2020, s. 16.

17. Where revegetation is required pursuant to this Regulation, it must meet the following conditions:

(1)  it must be carried out using species that belong to the same strata as those affected and are adapted to the environment, ideally native species and not invasive exotic plant species;

(2)  the survival rate of the vegetation or cover must be 80% in the year following revegetation.

O.C. 871-2020, s. 17.

CHAPTER III SPECIAL STANDARDS APPLICABLE TO BODIES OF WATER

O.C. 871-2020, c. III.

DIVISION I GENERAL PROVISION

O.C. 871-2020, Div. I.

18. This Chapter applies solely to bodies of water.

O.C. 871-2020, s. 18.

DIVISION II CONSTRUCTION OF UNDERTAKINGS AND BUILDINGS

O.C. 871-2020, Div. II.

19. Construction of a residential building, including its ancillary buildings and undertakings and the requisite accesses, is prohibited in the littoral zone or a lakeshore or riverbank, except, for a lakeshore or riverbank, in the cases covered by paragraphs c and d of section 3.2 of the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35).

For the purposes of this section, construction of a building does not include its dismantling.

O.C. 871-2020, s. 19.

20. Construction of a road or a water management, withdrawal or treatment facility in the littoral zone or a lakeshore or riverbank must be for the sole purpose of crossing them.

O.C. 871-2020, s. 20.

21. Construction of a permanent undertaking in a watercourse must not widen the watercourse beyond the high-water mark, unless the undertaking is aimed at restoring the natural width of the watercourse. The same applies for the installation of a permanent facility.

A watercourse may not be permanently narrowed by encroaching on more than 20% of its width or, where an undertaking or facility is present that has already narrowed the watercourse by encroaching on more than 20% of its width, it may not be further narrowed beyond the extent of that existing encroachment.

O.C. 871-2020, s. 21.

22. Construction of a deflector in the littoral zone must be carried out at a point where the littoral zone is no wider than 4.5 m.

The same applies for the construction of a weir, unless it is associated with a culvert installed by the Minister responsible for the Act respecting roads (chapter V-9) and is aimed at permitting the free circulation of fish, in which case 2 weirs may be installed within a distance corresponding to 4 times the opening of the culvert.

A weir must be equipped with a notch and, once installed, may not cause the water level between the areas upstream and downstream of the undertaking to vary by more than 20 cm from the water line.

O.C. 871-2020, s. 22.

DIVISION III VEHICLE OR MACHINERY

O.C. 871-2020, Div. III.

23. Construction or maintenance work carried out in the littoral zone requiring the use of machinery must be carried out solely if the littoral zone is dewatered, except for the carrying out of drilling work.

O.C. 871-2020, s. 23.

24. Where there is no ford or undertaking available for crossing a watercourse, a vehicle or machinery may circulate in the littoral zone of a watercourse for only one back-and-forth crossing, provided the crossing point chosen minimizes the impacts on the watercourse.

A vehicle or machinery may be used in the littoral zone if it is required for constructing a temporary undertaking, making preliminary technical surveys, taking samples or taking measurements.

O.C. 871-2020, s. 24.

DIVISION IV WATERCOURSE MAINTENANCE

O.C. 871-2020, Div. IV.

25. The maintenance work on a watercourse covered by section 335 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) must meet the following conditions:

(1)  it must be carried out in the lower one third of the height of the bank;

(2)  it must not be carried out during a period of flooding in the watercourse;

(3)  it must be solely for the purpose of removing accumulated sediment or, where the original plans of the watercourse are available, the work must not allow the watercourse to be excavated beyond the depth indicated in the original plans of the watercourse.

In addition, during the carrying out of the work covered by the first paragraph, the sediment removed must meet the following conditions:

(1)  it must be deposited and graded outside the littoral zone or a wetland located in a lakeshore or riverbank;

(2)  for the cleaning work covered by subparagraph 1 of the first paragraph of section 335 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact, it must be deposited more than 3 m from the high-water mark for work carried out on a cultivated parcel and outside the lakeshore or riverbank in other cases;

(3)  for the cleaning work covered by subparagraphs 2 and 3 of the first paragraph of section 335 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact, it must be deposited more than 3 m from the top of the bank;

(4)  it must not modify the topography of the site if it is deposited and graded in a floodplain, including the lakeshore or riverbank, where applicable.

O.C. 871-2020, s. 25.

26. Tree clearing and brush cutting work required to carry out maintenance work on a watercourse must meet the following conditions:

(1)  it must be carried out on only one bank of the watercourse;

(2)  it must be limited to the space necessary for carrying out the work;

(3)  it may not cause the complete removal of the riparian arborescent vegetation;

(4)  the plant debris must be removed from the littoral zone.

O.C. 871-2020, s. 26.

27. A municipality carrying out maintenance work on a watercourse covered by subparagraph 1 of the first paragraph of section 335 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) is required to provide to the Minister, at the Minister’s request and within the time and in the manner and form the Minister determines, the longitudinal and projected profiles as well as the original plans of the watercourse.

O.C. 871-2020, s. 27.

DIVISION V DEWATERING AND NARROWING OF A WATERCOURSE

O.C. 871-2020, Div. V.

28. Where a portion of a watercourse is temporarily dewatered or narrowed, the dewatering or narrowing,

(1)  in the case of work carried out by the Minister responsible for the Act respecting roads (chapter V-9) lasting for more than 10 consecutive days, may not exceed,

(a)  if there is an infrastructure present, one half of the infrastructure’s opening if the dewatering or narrowing is carried out between 15 June and 30 September or one third of its opening if the dewatering or narrowing is carried out between 1 October and 14 June,

(b)  if there is no infrastructure present, two thirds of the width of the watercourse;

(2)  in other cases,

(a)  may not exceed one third of the width of the watercourse,

(b)  may not last for more than 30 consecutive days, and

(c)  may not occur more than twice a year.

O.C. 871-2020, s. 28.

29. Dewatering or narrowing work on a watercourse must meet the following conditions:

(1)  the equipment and materials used must make it possible to limit the discharge of suspended matter in the littoral zone;

(2)  if granular materials are used, they must originate from a duly authorized quarry or sand pit or a site located more than 30 m from the littoral zone and a floodplain;

(3)  if the pumped water contains suspended matter visible to the naked eye, it must be discharged

(a)  into a sedimentation basin located within the right-of-way of a road, if the work is carried out by the Minister responsible for the Act respecting roads (chapter V-9), subject to the following conditions:

i.  the basin must not be located in the littoral zone;

ii.  the basin must not be located in the bank of the watercourse, unless it is impossible to find another location, in which case it must not be located in any wetland present therein;

(b)  into an area of vegetation located more than 30 m from the littoral zone, such as a field of grass or forest litter, provided the point of discharge is regularly shifted to a new location.

O.C. 871-2020, s. 29.

30. Any undertaking used for dewatering or narrowing a watercourse must be dismantled by first removing the materials situated inside the dewatered area and by advancing from the area downstream of the undertaking toward upstream.

O.C. 871-2020, s. 30.

DIVISION VI WATER WITHDRAWAL FACILITY

O.C. 871-2020, Div. VI.

31. Construction of a surface water withdrawal facility in a floodplain having a flood recurrence interval of 20 years must be carried out in such a way that the components of the facility are located under ground level, for the portion located outside the littoral zone, or placed on the surface temporarily.

For the purposes of this section, the reference to a floodplain includes the littoral zone and the lakeshore or riverbank, where applicable.

O.C. 871-2020, s. 31.

32. Construction of a surface water withdrawal facility aimed at supplying a temporary industrial camp must be carried out in compliance with the following conditions:

(1)  no impounding structure may be installed in a watercourse or lake;

(2)  any area cleared of vegetation in a lakeshore or riverbank or in the littoral zone must be no wider than 5 m;

(3)  the pumping equipment must be installed elsewhere than in a lakeshore or riverbank or in the littoral zone, except in the case of a submersible pump.

The quantity of water withdrawn by the water withdrawal facility may not, at any time, exceed 15% of the instantaneous flow of the watercourse or lower the level of a lake by more than 15 cm.

O.C. 871-2020, s. 32.

33. Hydraulic fluids and drilling greases used for a drill in the littoral zone or in a lakeshore or riverbank must be degradable to more than 60% in 28 days.

The waste water generated by drilling work must be collected and reused by means of a water recirculation system and may not be discharged in the littoral zone, in a lakeshore or riverbank or in a non-dewatered wetland.

At the end of the work,

(1)  the drill holes must be sealed in such a way as to prevent contaminants from migrating from the surface toward an aquifer;

(2)  the tubing located in the littoral zone or a lakeshore or riverbank must be removed or cut off at ground level.

O.C. 871-2020, s. 33.

CHAPTER IV SPECIAL STANDARDS APPLICABLE TO LAKESHORES AND RIVERBANKS

O.C. 871-2020, c. IV.

DIVISION I MISCELLANEOUS PROVISIONS

O.C. 871-2020, Div. I.

34. This Chapter applies solely to lakeshores and riverbanks.

O.C. 871-2020, s. 34.

35. Work requiring the removal and trimming of vegetation in a lakeshore or riverbank must be carried out without stump removal and without impermeabilization of the ground, unless stump removal cannot be avoided.

O.C. 871-2020, s. 35.

DIVISION II FOREST DEVELOPMENT ACTIVITIES

O.C. 871-2020, Div. II.

36. Harvesting of trees in a lakeshore or riverbank carried out for the purpose of a forest development activity must be done in such a way as to promote maintenance of at least 50% of the forest cover and with the trees left standing being uniformly spaced, unless the harvesting results from the occurrence of a natural disturbance and covers more than 50% of trees measuring more than 10 cm in diameter. In such a case, if the surface area to be harvested is more than 1,000 m2, the harvest must be recommended in a sylvicultural prescription.

The sylvicultural prescription must be kept by the person that carries out the activity for 5 years and must be provided to the Minister at the Minister’s request and within the time and subject to the other conditions the Minister determines.

O.C. 871-2020, s. 36.

CHAPTER V SPECIAL STANDARDS APPLICABLE TO FLOODPLAINS

O.C. 871-2020, c. V.

DIVISION I GENERAL PROVISION

O.C. 871-2020, Div. I.

37. This Chapter applies solely to a floodplain.

O.C. 871-2020, s. 37.

DIVISION II CONSTRUCTION OF UNDERTAKINGS AND BUILDINGS

O.C. 871-2020, Div. II.

38. Except in the cases provided for in the second paragraph, work relating to an undertaking, building or facility already present in the area concerned must not increase its exposure to flooding.

Work relating to reconstruction or maintenance of a road must not increase the surface area of an undertaking, building or facility exposed to flooding by more than 25%.

In the course of carrying out work to make substantial modifications to an undertaking or building, flood-proofing measures made to such structures must be applied to the entirety of the undertaking or building, such as the measures prescribed by Schedule 1 to the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35).

For the purposes of this section, the reference to a floodplain includes the littoral zone and the lakeshore or riverbank, where applicable.

O.C. 871-2020, s. 38.

39. Work aimed at constructing an artificial basin, pond or lake must not include an intake channel or a discharge point in another wetland or body or water. Work undertaken to backfill such an area may not be carried out until after the area has been dewatered.

O.C. 871-2020, s. 39.

40. A service entrance for a water system or sewer system constructed in a floodplain having a flood recurrence interval of 20 years must be solely for the purpose of connecting undertakings or buildings already present in the floodplain.

For the purposes of this section, the reference to a floodplain excludes the littoral zone and the lakeshore or riverbank.

O.C. 871-2020, s. 40.

CHAPTER VI SPECIAL STANDARDS APPLICABLE TO WETLANDS

O.C. 871-2020, c. VI.

DIVISION I GENERAL PROVISIONS

O.C. 871-2020, Div. I.

41. This Chapter applies solely to wetlands.

O.C. 871-2020, s. 41.

42. Races, rallies and other motor vehicle competitions are prohibited in wetlands.

O.C. 871-2020, s. 42.

DIVISION II CONSTRUCTION OF UNDERTAKINGS AND BUILDINGS

O.C. 871-2020, Div. II.

43. Before construction is undertaken on a winter road in an open peatland not covered by section 45, a plan for its construction must be prepared and signed by an engineer.

The plan must be kept by the person that carries out the activity for 5 years and must be provided to the Minister at the Minister’s request and within the time and subject to the conditions the Minister determines.

O.C. 871-2020, s. 43.

DIVISION III FOREST DEVELOPMENT ACTIVITY

O.C. 871-2020, Div. III.

44. Harvesting of trees in a forested wetland for the purpose of a forest development activity must be carried out in such a way as to maintain a forest cover composed of trees with an average height of at least 4 m over at least 30% of the total surface area of all the forested wetlands included in a private forest constituting a unit of assessment within the meaning of the Act respecting municipal taxation (chapter F-2.1).

For a tree harvest targeting more than 50% of the trees measuring at least 10 cm in diameter in a forested wetland, the person who carries out the harvest must maintain a forested strip at least 60 m wide between the different harvest areas. In the strip, no work may be carried out until such time as the trees have reached an average height of 4 m in the adjacent harvest areas, unless the work is undertaken solely for the purpose of providing a crossing between harvest areas. Unless it was recommended in a sylvicultural prescription, such a harvest is limited to

(1)  4 ha per harvest area in the St. Lawrence lowlands;

(2)  25 ha per harvest area in any other territory.

This section does not apply to a tree harvest carried out for the purpose of recovering timber following a natural disturbance.

O.C. 871-2020, s. 44.

45. The following forest development activities must be recommended in a sylvicultural prescription:

(1)  tree harvesting in forested wetlands over a surface area exceeding the surface areas prescribed in subparagraphs 1 and 2 of the second paragraph of section 44;

(2)  site preparation by mechanized scarification in forested wetlands over a surface area of more than 4 ha per intervention area;

(3)  construction of a winter road in an open peatland;

(4)  roadside construction of a ditch to a depth of more than 1 m below the surface of the litter layer;

(5)  construction of a road more than 120 m long in a forested wetland and more than 35 m long in any other wetland.

The sylvicultural prescription must be kept by the person who carries out the activity for 5 years and must be provided to the Minister at the Minister’s request and within the time and subject to the other conditions the Minister determines.

O.C. 871-2020, s. 45.

CHAPTER VII SPECIAL STANDARDS APPLICABLE TO CERTAIN SENSITIVE AREAS

O.C. 871-2020, c. VII.

DIVISION I DUNES

O.C. 871-2020, Div. I.

46. Races, rallies and other motor vehicle competitions are prohibited on dunes.

O.C. 871-2020, s. 46.

47. Circulation of motor vehicles is prohibited on dunes, except

(1)  in the territory of the municipalité des Îles-de-la-Madeleine on trails lawfully developed and identified for that purpose;

(2)  if circulation is required to carry out work.

O.C. 871-2020, s. 47.

DIVISION II BEACHES AND OFFSHORE BARS

O.C. 871-2020, Div. II.

48. Races, rallies and other motor vehicle competitions are prohibited on beaches and offshore bars.

O.C. 871-2020, s. 48.

49. Circulation of motor vehicles is prohibited on beaches and offshore bars located in the littoral zone of the St. Lawrence River downstream from the pont Laviolette, the estuary and the Gulf of St. Lawrence, as well as the baie des Chaleurs and the islands located therein, except for

(1)  circulation of off-road vehicles in winter where so permitted by the bearing capacity of the ground so as not to create ruts;

(2)  circulation required for a lawfully practised hunting, fishing or trapping activity;

(3)  circulation on trails lawfully developed and identified for that purpose;

(4)  circulation required for accessing a property;

(5)  circulation required in carrying out work.

O.C. 871-2020, s. 49.

CHAPTER VIII MONETARY ADMINISTRATIVE PENALTIES

O.C. 871-2020, c. VIII.

50. A monetary administrative penalty in the amount of $250 for a natural person and $1,000 in other cases may be imposed on every person who

(1)  fails to keep information or a document or to keep it for the prescribed period;

(2)  fails to provide information or a document to the Minister or to provide it within the time and in the manner and form the Minister determines;

(3)  fails to comply with a provision of this Regulation for the contravention of which no other monetary administrative penalty is prescribed herein.

O.C. 871-2020, s. 50.

51. A monetary administrative penalty in the amount of $500 for a natural person and $2,500 in other cases may be imposed on every person who

(1)  in carrying out work in wetlands and bodies of water, interferes with the free flow of water in contravention of the first paragraph of section 7;

(2)  fails to carry out work in wetlands and bodies of water in compliance with the requirements of section 8;

(3)  uses a vehicle or machinery in contravention of the first paragraph of section 11;

(4)  carries out sylvicultural treatments while failing to promote natural regeneration of ground vegetation or fails to reforest the area concerned within 4 years after the end of treatments in contravention of section 12;

(5)  amends the soil while carrying out sylvicultural treatments in contravention of section 13;

(6)  at the end of any intervention in wetlands and bodies of water, fails to comply with the requirements prescribed in section 15;

(7)  fails to revegetate the area concerned in compliance with section 17;

(8)  fails to comply with the requirement prescribed in section 20;

(9)  fails to comply with the requirements prescribed in section 22 for constructing a deflector or weir;

(10)  fails to comply with the requirements prescribed in section 24 for crossing a watercourse;

(11)  fails to comply with the requirements prescribed in section 31 for constructing a surface water withdrawal facility;

(12)  fails to comply with the requirements prescribed in section 32 concerning a water withdrawal facility for supplying a temporary industrial camp;

(13)  fails to comply with the requirements prescribed in section 33;

(14)  removes stumps or impermeabilizes the ground in the lakeshore or riverbank in contravention of section 35;

(15)  harvests trees in contravention of the requirements prescribed in the first paragraph of section 36 and in section 44;

(16)  fails to obtain a sylvicultural prescription in contravention of the requirements prescribed in the first paragraph of section 36 and the first paragraph of section 45;

(17)  fails to apply the flood-proofing measures covered by the third paragraph of section 38;

(18)  constructs an artificial basin, pond or lake or backfills it before it has been dewatered in contravention of section 39;

(19)  fails to comply with the requirements prescribed in section 40 for underground public utility infrastructures;

(20)  fails to comply with the requirements prescribed in the first paragraph of section 43 for constructing a winter road.

O.C. 871-2020, s. 51.

52. A monetary administrative penalty in the amount of $1,000 for a natural person and $5,000 in other cases may be imposed on every person who fails to restore wetlands and bodies of water comprised within a trail developed for the purpose of a forest development activity where more than 25% of their surface areas contains ruts in contravention of the second paragraph of section 11.

O.C. 871-2020, s. 52.

53. A monetary administrative penalty in the amount of $1,500 for a natural person and $7,500 in other cases may be imposed on every person who

(1)  fails to restore the soil in accordance with section 16;

(2)  carries out an activity that is prohibited in contravention of sections 19, 42, 46, 47, 48 and 49;

(3)  carries out work that widens a watercourse beyond the high-water mark in contravention of the first paragraph of section 21;

(4)  carries out work that narrows a watercourse to a width narrower than that prescribed in the second paragraph of section 21;

(5)  uses machinery in a littoral zone that has not been dewatered in contravention of section 23;

(6)  fails to comply with the conditions prescribed in sections 25 and 26 concerning maintenance work on a watercourse;

(7)  dewaters or narrows a watercourse in contravention of the requirements prescribed in sections 28, 29 and 30;

(8)  carries out work that increases the exposure of an installation, undertaking, building or facility to flooding in contravention of the first and second paragraphs of section 38.

O.C. 871-2020, s. 53.

54. A monetary administrative penalty in the amount of $2,000 for a natural person and $10,000 in other cases may be imposed on every person who

(1)  uses explosives in carrying out work in contravention of section 9;

(2)  carries out excavation and backfilling work in wetlands and bodies of water in contravention of the first paragraph of section 10;

(3)  fails to comply with the requirements prescribed in the third and fourth paragraphs of section 10 concerning excavation and backfilling resulting from work.

O.C. 871-2020, s. 54.

CHAPTER IX PENAL SANCTIONS

O.C. 871-2020, c. IX.

55. Every person who

(1)  neglects to keep information or a document or to keep it for the prescribed period,

(2)  refuses or neglects to provide information or a document to the Minister or to provide it within the time and in the manner and form the Minister determines, or

(3)  contravenes this Regulation in cases where no other offence is prescribed herein,

commits an offence and is liable to a fine of $1,000 to $100,000 for a natural person and $3,000 to $600,000 in other cases.

O.C. 871-2020-, s. 55.

56. Every person who contravenes the first paragraph of section 7, section 8, the first paragraph of section 11, section 12, 13, 15, 17, 20, 22, 24, 31, 32, 33, 35 or 36, the third paragraph of section 38, section 39 or 40, the first paragraph of section 43 or section 44 or 45 commits an offence and is liable to a fine of $2,500 to $250,000 for a natural person and $7,500 to $1,500,000 in other cases.

O.C. 871-2020, s. 56.

57. Every person who

(1)  contravenes the second paragraph of section 11,

(2)  makes a false or misleading declaration or provides false or misleading information or documents for the purpose of making the person’s activity eligible for a declaration of compliance, or

(3)  signs a false or misleading document,

commits an offence and is liable to a fine of $5,000 to $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), a maximum term of imprisonment of 18 months, or both the fine and imprisonment, for a natural person and $15,000 to $3,000,000 in other cases.

O.C. 871-2020, s. 57.

58. Every person who contravenes section 16, 19, 21, 23, 25, 26, 28, 29 or 30, the first and second paragraphs of section 38 or section 42, 46, 47, 48 or 49 commits an offence and is liable to a fine of $10,000 to $500,000 for a natural person and $40,000 to $3,000,000 in other cases.

O.C. 871-2020, s. 58.

59. Every person who contravenes section 9 or the first, third or fourth paragraph of section 10 commits an offence and is liable to a fine of $10,000 to $1,000,000 for a natural person and $30,000 to $6,000,000 in other cases.

O.C. 871-2020, s. 59.

CHAPTER X FINAL PROVISIONS

O.C. 871-2020, c. X.

60. This Regulation replaces the Regulation respecting motor vehicle traffic in certain fragile environments (chapter Q-2, r. 9).

O.C. 871-2020, s. 60.

61. (Omitted).

O.C. 871-2020, s. 61.

REFERENCES

O.C. 871-2020, 2020 G.O. 2, 2343A